Member assistance

Unless otherwise specified in your agreement, entitlements accrue on a pro-rata basis for part-time employees.

Public sector

Full-time employees are entitled to a minimum of 190 hours (five weeks) leave per year.

An additional 38 hours (one week) is added where an employee is a weekend worker. A 'weekend worker' is defined as a full time employee required to work ordinary hours on weekdays and weekends. Employees can choose to cash-out annual leave if necessary (conditions apply).

Employees can also purchase additional leave by agreement with their employer.

Aged care

For most employees covered by an ANMF (Vic Branch) negotiated enterprise agreement the entitlement to annual leave is 190 hours (five weeks) for registered nurses and 152 hours (four weeks) for all other staff.

Shift workers are entitled to an extra 38 hours of leave. Shift work for registered nurses is defined as 'required to work and worked ordinary hours on weekdays and on weekends' and for all other staff, shift work is defined as 'worked for more than four ordinary hours on 10 or more weekends'.

Some agreements provide for the purchasing of leave and the cashing out of leave.

Enterprise agreements can vary - please check your enterprise agreement for your exact entitlements.

Private sector

Most enterprise agreements in the private sector provide for five weeks annual leave for all staff with an additional one week for shift workers. Each agreement defines 'shift worker' differently, so it is important that you check your enterprise agreement's provision.

Award reliant employees

Most of the conditions relating to annual leave are found in the National Employment Standards with the awards supplementing these conditions.

The 'Nurses Award 2010' makes it clear that 'an employee who is not a shift worker…is entitled to five weeks of paid annual leave for each year of service with their employer, and an employee who is a shift worker… is entitled to six weeks of paid annual leave for each year of service with their employer.' 

The 'Aged Care Award 2010' provides for the National Employment Standards minimum of four weeks of annual leave with an additional week provided shift workers.

 

---

Despite anything less favourable in an award or enterprise agreement, all Victorian employees are entitled to compassionate leave provided for under the National Employment Standards. Individual agreements should be checked for more favourable entitlements or different evidence requirements.

How much compassionate leave can I take?

An employee is entitled to a minimum of two days of compassionate leave for each permissible occasion. The leave may be taken as:

• two consecutive days or
• two separate periods of one day each or
• any separate periods to which the employer and employee agree.

What is a permissible occasion?

A permissible occasion is when a member of your immediate family or household:

• sustains a serious illness or sustains a personal injury that is a threat to life
• dies.

You may take the two days compassionate leave for serious injury or illness at any time while the illness or injury persists.

I understand who is a member of my household, but who is included in my immediate family?

Immediate family includes an employee’s spouse, de facto partner, child, parent, grandparent, grandchild, sibling, or a child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner.

Will I get paid?

For casual employees, compassionate leave is unpaid leave. For permanent employees, compassionate leave is paid at the base rate for the employee’s ordinary hours of work for the period.

Will I get paid for compassionate leave if I do not have any sick leave left?

Compassionate leave is a separate entitlement to sick leave or carer’s leave and is therefore paid per permissible occasion regardless of accrued leave entitlements.

What must I do to be entitled to compassionate leave?

An employee must give their employer notice of the taking of leave as soon as practicable – this may be after the leave has started – and you must advise your employer of the period or expected period of the leave.

If required by your employer, you must also give the employer evidence that your compassionate leave is for a permissible occasion.

 

---

How much long service leave am I entitled to?

Almost all Victorian nurses, midwives and personal care workers are entitled to six calendar months leave after 15 years continuous service with one employer.

By negotiation with your employer, you may take pro rata leave after 10 years continuous service. After 15 years continuous service, each additional five years continuous service entitles you to two months of long service leave.

Some enterprise agreements allow the employee, by agreement with the employer, to take twice the leave at half the pay or, half the long service leave at double the pay. Members need to check their enterprise agreement for the entitlement. This can be done by checking the ANMF (Vic Branch) Member Portal above.

Some exceptions to above entitlements are:

• Nurses employed in local government are covered by the Local Government (Long Service Leave) Regulations 2002. After 10 years of continuous service local government nurses are entitled to three months leave, plus one tenth of three months long service leave with ordinary pay in respect of each additional year of completed recognised service.
• Nurses employed in medical clinics and private pathology clinics are usually entitled to 13 weeks of long service leave after 15 years, with pro rata after 10 years by agreement with their employer. For each additional five years of completed service, a nurse will accrue a month of long service leave.
• Members who are employed under a modern award should contact us to check their entitlement.
• A small number of agreements allow staff pro rata long service leave if the staff member terminates their employment after seven years of service.

If you want to check that your employer is offering the right long service leave entitlement, you should contact ANMF Member Assistance.

 

How should I be paid for my long service leave?

Long service leave is calculated at your normal weekly hours of work and your ordinary rate of pay at the time you take the leave. It does not include penalties or shift allowances. The payment can be made either:

• in full advance when you start your leave
• at the same time as payment would have been made had you remained at work
• in any other way agreed to by you and your employer.

Some enterprise agreements allow for averaging of hours over the previous year for part-time staff members who have changed their hours. 

 

What happens if I resign before I take my long service leave entitlements?

• If you have completed at least 10 years (or seven years, if applicable) of continuous service, you are entitled to be paid out for any long service leave you have accrued at the date of termination.
• Service with different public sector employers is considered to be continuous, provided any break in permanent employment is no longer than five weeks in addition to the total period of paid annual, long service or personal leave which the Employee actually receives on termination or for which she/he is paid in lieu. Prior to the EBA 2012-2016 the period was 13 weeks plus entitlements paid on termination for the public sector.

To ensure your leave entitlement is transferred when changing public sector employment, write to the employer advising them you will be starting with another public sector employer and request a Certificate of Service. Provide a copy of this document to your new employer.

Your entitlement to long service leave may vary depending on the Award or enterprise agreement which covers your employment.

 

---

Parental leave refers to:

• maternity leave
• paternity leave
• adoption leave

Under the NES, if you have 12 months continuous service with one employer, you are entitled to 52 weeks unpaid parental leave, if you are the primary carer, and lesser periods if you are not the primary carer. The 52 weeks may be shared but is only available to one parent at a time. You can also use any paid leave owing to you as part of your parental leave, provided the total time off does not extend beyond 52 weeks.

In the public sector, and some private acute hospitals, you are additionally entitled to ten weeks paid maternity or adoption leave. Some aged care agreements also have provision for paid leave. Check your enterprise agreement by clicking on your page in the Member Portal

Want more information about parental leave including ANMF membership options?

 

---

Public holidays are an entitlement protected under the National Employment Standards.

The following days are recognised as public holidays in Victoria:

1. New Year’s Day
2. Australia Day
3. Labour Day
4. Good Friday
5. Easter Saturday
6. Easter Sunday
7. Easter Monday
8. ANZAC Day
9. Queen’s Birthday
10. Friday before the AFL Grand Final
11. Melbourne Cup Day, or in lieu of Melbourne Cup Day, some other day as determined under Victorian law for a particular locality
12. Christmas Day
13. Boxing Day

Due to the nature of our industry most ANMF members are expected to work on public holidays. Your entitlement to additional pay for working on a public holiday depends on your enterprise agreement (you can view your specific agreement on the Member Portal) or applicable award.

Public sector

Full-time and part-time nurses and midwives who work on a public holiday are paid double-time for each hour worked, plus a Saturday or Sunday loading if applicable. Casual nurses paid at 250 per cent based on 1/38th of the weekly salary.

Full-time and part-time nurses and midwives who work on a Christmas Day, Boxing Day, New Year's Day or Australia Day that occurs on a weekend are paid at 250 per cent based on 1/38th of the weekly salary (effectively double time and a half). Casual nurses are paid at 312.5 per cent based on 1/38th of the weekly salary.

Private acute sector

Many ANMF agreements provide similar arrangements to those in the public sector. Check your enterprise agreement for exact arrangements as they vary slightly for every agreement. For example, the Ramsay agreement has a facility for permanent employees to be paid less for working a public holiday and have additional time off.

Aged care

Most ANMF enterprise agreements provide for arrangements that differ significantly to those of the public sector and private acute sector. Registered nurses are entitled to double-time or payment at time and a half with an additional half day off. Enrolled nurses and personal carers are entitled to double-time-and-a-half payment. Please check your enterprise agreement.

Award-reliant employees

The Nurses Award 2010 provides for payment at double-time for work on public holidays. The Aged Care Award 2010  provides for payment at double-time-and- a-half.

What happens if I am not required to work on a public holiday?

Full-time registered and enrolled nurses, midwives and mental health nurses who are not rostered on public holidays are entitled to a day’s ordinary pay for that day, unless you are a Monday-Friday employee only and the holiday is on the weekend (e.g. Easter Saturday).

Part-time nurses and midwives receive a pro rata payment in the public sector, while in the private sector part-time employees receive the full day’s pay, but only if they would ‘ordinarily’ work on that day of the week, or their ward or unit is closed because it is a public holiday.

It is  important you read the public holiday clause of your enterprise agreement as arrangements can vary significantly. 

 

The Full Court of the Federal Court of Australia recently considered whether an employer can require an employee to work on a public holiday.

This appeal case was considering the effect of one of the National Employment Standards (NES). The NES applies to all Australian workers, across every industry, or the term of any EBA or contract of employment.

The National Employment Standards (NES) states (in part):

Employee entitled to be absent on public holiday

              (1)  An employee is entitled to be absent from his or her employment on a day or part-day that is a public holiday in the place where the employee is based for work purposes.

Reasonable requests to work on public holidays

              (2)  However, an employer may request an employee to work on a public holiday if the request is reasonable.

              (3)  If an employer requests an employee to work on a public holiday, the employee may refuse the request if:

                    (a)  the request is not reasonable; or

                     (b)  the refusal is reasonable.

One effect of the Federal Court decision is that rostering an employee to work on a public holiday, alone, is not a request but more like a requirement. That would appear to breach the NES.

This means that many employers will now ask employees if they are prepared to work on a public holiday. This, however, creates a difficult set of circumstances for those trying to staff and work in health and aged care sectors.

While employees, in the first instance, can reject a request from their employer to work on a public holiday, that rejection must be on reasonable grounds. An employer can challenge an employee’s refusal in accordance with the following section of the NES:

             (4)  In determining whether a request, or a refusal of a request, to work on a public holiday is reasonable, the following must be taken into account:

                      (a)  the nature of the employer’s workplace or enterprise (including its operational requirements), and the nature of the work performed by the employee;

                     (b)  the employee’s personal circumstances, including family responsibilities;

                     (c)  whether the employee could reasonably expect that the employer might request work on the public holiday;

                     (d)  whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, work on the public holiday;

                     (e)  the type of employment of the employee (for example, whether full-time, part-time, casual or shiftwork);

                      (f)  the amount of notice in advance of the public holiday given by the employer when making the request;

                      (g)  in relation to the refusal of a request–the amount of notice in advance of the public holiday given by the employee when refusing the request;

                      (h)  any other relevant matter.

An employer can ultimately require employees, who are involved in services where it is desirable, even if “not critical” to remain open on public holidays, to refuse an employee request not to work, if the employer has satisfied its obligations under ss 114(2) and (3), namely, that they have made a request, that request is reasonable, and an employee’s refusal is not reasonable (taking into account the factors in (4) above).

An employer can have a roster which includes public holidays. All that is required is that an employer ensure that employees understand that the roster is in ‘draft’ form, requesting those employees who have been allocated to the public holiday to indicate whether they accept or refuse that allocation, before the roster is finalised.

Given the criteria in (4) above, it is highly likely that for most members, a refusal of a request to work on a public holiday will be an unreasonable refusal.

 

Yes. Payslips have to be given to an employee within 1 working day of pay day, even if an employee is on leave. They can be in hard copy or electronic.

What has to be on a pay slip?

The federal Fair Work Act 2009 and its regulations proscribe certain information that must be included on a payslip. These include:

• employer’s and employee’s name
• employer’s Australian Business Number (if applicable)
• pay period
• date of payment
• gross and net pay
• the ordinary hourly rate, the number of hours worked at that rate and the total dollar amount of pay at that rate
• any loadings, allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee’s ordinary hourly rate
• the pay rate that applied on the last day of employment
• any deductions from the employee's pay, including:
  • the amount and details of each deduction
  • the name, or name and number of the fund / account the deduction was paid into
• any superannuation contributions paid for the employee’s benefit, including:
  • the amount of contributions made during the pay period (or the amount of contributions that need to be made)
  • the name and / or number of the superannuation fund the contributions were made to.

Enterprise agreements can stipulate additional information that must be on a pay slip. For example, the public sector agreement mandates that pay slips will record an employee’s accrued annual leave and personal leave.

 

Overtime is an entitlement and should be claimed and paid. By claiming your overtime you ensure actual working hours are recorded which means problems with inadequate staffing levels can be identified and addressed. Working excessive overtime may impact negatively on your practice and your health as well as compromise patient or resident care.

 

---

Firstly, check your enterprise agreement via the member portal.

If you confirm your pay is incorrect write to your payroll office outlining the discrepancy and the duration. Request that your pay is corrected and ask for back pay and a written response.

If you still need assistance, contact ANMF Member Assistance via the form below. Outline the details and upload copies of pay slips, your written inquiry and your payroll office’s response.

---

For public sector nurses and midwives a roster of at least 28 days duration must be posted at least 14 days before it comes into operation in each work location.

For nurses working in the public mental health sector the roster must be posted at least 28 days before it comes into operation.

For aged care employees, many enterprise agreements negotiated by the ANMF (Vic Branch) have a clause that states a roster of at least 14 days duration must be posted at least 14 days before it comes into operation in each work location. A ‘change of shift’ allowance can be payable to enrolled nurses and personal carers in certain circumstances. Employees should familiarise themselves with the provisions of their enterprise agreement.

For private sector employees, consult your enterprise agreement for rostering arrangements applicable to your place of employment.

If your employment is covered by the ‘Nurses Award 2010’ then you’re entitled to seven days notice before the posting of a new roster. The ‘Aged Care Award 2010’ provides for 14 days notice.

 

---

Nurses and personal care workers are entitled to an unpaid meal break of 30 minutes to one hour. Generally, workers should not work for more than five hours without a meal break of 30 minutes.

Every worker is entitled to take breaks, and for healthcare workers, they are particularly important for patient safety. But if you don’t get a meal break, any public sector employee who is unable to take a meal break shall be paid for the break at the ordinary rate plus 50 per cent. For private sector employees the meal break may be paid at ordinary time (check the enterprise agreement that applies to your workplace). If you come under the Nurses Award 2010, and you are unable to take your meal break after working five hours, you are paid overtime until you can take the break.

Nurses and personal care workers are entitled to two, paid ten-minute breaks per shift.

Want to know more about meal and tea break entitlements?

 

---

The enterprise agreement or award you are employed under will have a definition of “experience”. The most common requirement for annual progression is that you must work more than 1248 hours within your anniversary year. If you worked less, it can take two years to progress. Check your agreement or award via the member portal.

If you believe you have met the minimum requirements for incremental advancement, but have not been automatically advanced, you should lodge a written inquiry to your payroll office. State that you believe you have met the requirements for advancement and seek correction and written response within 10 business days.

If you still need assistance, contact the ANMF Member Assistance via the form below. Outline the details of your situation and upload copies of pay slips, your written inquiry and your payroll office’s response.

---

Congratulations on your new job. Your Job Rep will be a great resource so touching base is a great idea. If you’ve updated your new workplace with ANMF membership, then you’ll be able to find a list of Job Reps and HSRs elected at your workplace via the member portal.

You can also ask your colleagues on your ward.

 

---

First, ask your employer to put the proposed changes in writing.

Then you’ll need your original letter of employment. This letter should specify your contracted hours, your classification, the name of the enterprise agreement you are employed under and it may specify your campus or location. Once you have the documents upload them via the inquiry form below so our Member Assistance team can advise you of your options.

 

---

ANMF can provide you with some advice before you make it official. Provide us with the details and upload the contract via our member assistance inquiry form below.

 

---

Time is important here. Fill out a member inquiry form below. Please upload your employer’s letter and provide a summary of events in your own words so that ANMF can provide support to you as quickly as possible.

Depending on when the meeting has been scheduled, your ANMF representative may need to contact your employer, or their representative, to arrange a time that suits you.

 

---